Building and Construction Industry Security of Payment Act: Service via USB

IN BRIEF - SERVING AN ADJUDICATION APPLICATION VIA USB MAY NOT CONSTITUTE SERVICE AS WORDS NOT IN VISIBLE FORM

The recent New South Wales Supreme Court decision in Parkview Constructions Pty Limited v Total Lifestyle Windows Pty Ltd t/as Total Concept Group [2017] NSWSC 194 provides some guidance as to service of electronic documents under the Building and Construction Industry Security of Payment Act 1999 (NSW) (the Act). In light of the strict time limits and significant consequence that may result from a failure to properly serve a document under the Act, parties to construction contracts should be careful to serve documents strictly in compliance with the Act. Further, parties should consider including provisions in construction contracts allowing for electronic service.